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GENERAL EXCEPTIONS

Vishwanath v. The State Of Uttar Pradesh 1960 AIR 67 

ISSUE:

Whether the appellant had exceeded the right of private defense of a person?

RULE:

The extended right under s. 100 arose when there was the offence of assault of one of the types mentioned in the six clauses of that section. It was not necessary that the intention with which the assault was committed must always be an offence itself. The word "abduction" used in the fifth clause of s. 100 meant nothing more than what was defined as "abduction " in s.362, and it was not necessary, to get the protection of this clause, that the abduction must be of a type punishable under the Penal Code.

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GENERAL EXCEPTIONS

Basdev v. The State Of Pepsu 1956 AIR 488 

ISSUE:

Whether the appellant can be held liable for the offence under Section 302 of the IPC or Section 304, having regards to the provision of Section 86 of the IPC?

RULE:

So far as knowledge is concerned the court must attribute to the intoxicated man the same knowledge as if he was quite sober but so far as intent or intention is concerned, the court must gather it from the attending general circumstances of the case paying due regard to the degree of intoxication.

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GENERAL EXCEPTIONS

Amjad Khan v. The State 1952 AIR 165

ISSUE:

Whether the appellant can be held liable for murder or did he act in his right of private defense?

RULE:

Under section 102 of the IPC, right to private defence commences, as soon as a reasonable apprehension of the danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed.

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GENERAL EXCEPTIONS

Mrs. Rupan Deol Bajaj & Anr v. Kanwar Pal Singh Gill & Anr 1996 AIR 309

ISSUE:

Whether the allegations constitute any of the offences mentioned below?

RULE:

Any act done to, or in the presence of a woman, which is clearly suggestive of sex according to the common notions of mankind, must fall within the mischief of Section 354. The essence of a woman's modesty is her sex and from her very birth she possesses the modesty which is the attribute of her sex.

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